{"id":2907,"date":"2012-10-13T10:18:58","date_gmt":"2012-10-13T14:18:58","guid":{"rendered":"http:\/\/thinblueflorida.com\/?p=2907"},"modified":"2012-10-13T11:34:55","modified_gmt":"2012-10-13T15:34:55","slug":"ags-office-issues-brief-on-concealed-firearms-carry","status":"publish","type":"post","link":"https:\/\/thinblueflorida.com\/?p=2907","title":{"rendered":"AG’s Office Issues Brief on Concealed Firearms Carry"},"content":{"rendered":"

\"\"<\/a>Last week, Attorney General Pam Bondi filed an amicus<\/em> brief with the Florida Supreme Court in the case of Anthony Mackey v. State of Florida<\/a>.\u00a0 The Supreme Court will consider the direct conflict between Mackey v. State<\/em> (Fl 3rd DCA 2012) and Regalado v. State<\/em> (Fl 4th<\/sup> DCA 2010), which relates to concealed firearms carry.\u00a0 The AG asks the Supreme Court to uphold the decision by the Third District Court of Appeal of Florida in this matter.<\/p>\n

The AG brief addresses the authority of a police officer to conduct an investigation of a person carrying a concealed firearm.\u00a0 In short, on March 6, 2010, Miami Police Officer Alexander May observed Anthony Mackey leaning on an apartment complex fence with a piece of the handle of a handgun protruding from Mackey\u2019s pocket.\u00a0 Ofc. May approached Mackey and asked if he had anything on him.\u00a0 Mackey said, \u201cNo.\u201d\u00a0 Ofc. May conducted a pat-down and found the firearm.\u00a0 Mackey was arrested for carrying a concealed firearm and convicted felon in possession of a firearm.<\/p>\n

Mackey\u2019s defense first contended the weapon was not concealed.\u00a0 Failing that motion, they argued that Ofc. May did not know Mackey did not have a concealed weapons permit, thus the stop was invalid.\u00a0 The defense argument relied on the Fourth District Court\u2019s ruling in Regalado<\/em> that \u201cthe firearm should be suppressed since it is legal to carry a concealed firearm in Florida, so long as you have a permit to do so, and the officer did not have reasonable suspicion unless he had reason to believe that the defendant did not have a permit.\u201d<\/p>\n

This assertion was rejected by the Third District Court, who sided with the case of State v. Navarro<\/em> (Fl 3rd<\/sup> DCA 1984), which decided that a clothing bulge observed to be a firearm by a trained, experienced police officer gave the officer probable cause to search the suspect, and also Hernandez v. State<\/em> (Fl 3rd<\/sup> DCA 1974), where the arrest for carrying a concealed firearm and seizure of the firearm were proper when an officer saw a portion of a firearm protruding from the suspect\u2019s pants pocket.<\/p>\n

Bondi\u2019s brief reaffirms the investigative nature of an encounter between a person carrying a concealed weapon and a law enforcement officer as a Terry Stop<\/em> under FSS 901.151, Florida\u2019s Stop and Frisk statute.<\/p>\n

I think the brief is a good treatise for the street officer.\u00a0 It gives proper case law references and discusses consensual verses investigative encounters with armed individuals from the opposing viewpoints.<\/p>\n

Predictably, the Attorney General\u2019s opinion has been a source of ill will for some concealed carry and open carry advocates.\u00a0 Partisanship aside, the AG\u2019s brief gives us the parameters for police interactions with armed citizens from the state\u2019s top law enforcement officer and our Courts.\u00a0 That makes it worth the read.<\/p>\n

Randall<\/p>\n","protected":false},"excerpt":{"rendered":"

Last week, Attorney General Pam Bondi filed an amicus brief with the Florida Supreme Court in the case of Anthony Mackey v. State of Florida.\u00a0 The Supreme Court will consider the direct conflict between Mackey v. State (Fl 3rd DCA 2012) and Regalado v. State (Fl 4th DCA 2010), which relates to concealed firearms carry.\u00a0 The AG asks the Supreme Court to uphold the decision by the Third District Court of Appeal of Florida in this matter. The AG brief addresses the authority of a police officer to conduct an investigation of a person carrying a concealed firearm.\u00a0 In short, on March 6, 2010, Miami Police Officer Alexander May observed … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[34,6,5,349],"tags":[154,160,531,466,52],"class_list":["post-2907","post","type-post","status-publish","format-standard","hentry","category-concealed-carry","category-firearms","category-legal","category-politics","tag-concealed-firearms-carry","tag-florida-attorney-general","tag-mackey-v-state","tag-open-firearms-carry","tag-pam-bondi"],"aioseo_notices":[],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p28xkp-KT","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/posts\/2907","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2907"}],"version-history":[{"count":15,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/posts\/2907\/revisions"}],"predecessor-version":[{"id":2922,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/posts\/2907\/revisions\/2922"}],"wp:attachment":[{"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2907"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2907"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2907"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}